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HomeMy WebLinkAbout2014-138 RESOLUTION NO. 2014-138 CITY OF STILLWATER WASHINGTON COUNTY,MINNESOTA A RESOLUTION APPROVING THE DEVELOPMENT AGREEMENT FOR SELECT SENIOR LIVING OF STILLWATER CASE NO. 2014-25 WHEREAS, Stillwater Select Properties, LLC made application for approval of a Special Use Permit to operate a senior care facility to be known as Select Senior Living of Stillwater; and WHEREAS, a Development Agreement is required for construction of the project, since public improvements are being constructed by Stillwater Select Properties, LLC to accommodate the facility; and WHEREAS, on July 9, 2014 the Stillwater Planning Commission held a public hearing on the Special Use Permit; added conditions of approval to address concerns raised by neighbors; and approved the Special Use Permit; and WHEREAS, one of the Planning Commission's conditions of approval is that before the Special Use Permit becomes effective, the developer must enter into a Development Agreement found acceptable to the City Council; and WHEREAS, on August 19, 2014 the Stillwater City Council considered the Development Agreement for the project and found it acceptable. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the Development Agreement for Select Senior Living of Stillwater, with the following conditions: 1. The site shall be developed in substantial conformance with the following plans on file with the Community Development Department, except as may be modified by the conditions herein: • Existing Conditions dated 6/20/14, Sheet C-1 • Layout Plan dated 6/20/14, Sheet C-2 • Grading& Erosion Control Plan dated 6/20/14, Sheet C-3 • Utility Plan dated 6/20/14, Sheet C-4 • Landscape Plan dated 6/20/14, Sheet L1 • Landscape Details dated 6/20/14, Sheet L2 • Proposed Drainage Map dated 6/20/14, Sheet D2 • Lighting Plan dated 6/20/14, Sheet El Select Senior Living Page 2 of 3 • First Floor Plan dated 6/19/14, Sheet A2.6 • Second Floor Plan dated 6/19/14, Sheet A2.10 • Third Floor Plan dated 6/19/14, Sheet A2.14 • Elevations dated 8/21/09, Sheet A3.1 • Elevations dated 8/21/09, Sheet A3.2 2. The final civil engineering plans shall be found satisfactory to the City Engineer, or revised to his satisfaction prior to issuance of a building permit or grading permit for the project. 3. A permanent utility easement shall be acquired by the developer for the sanitary sewer main that will run through the elementary school property to the east of the project site. It shall be in a form and with content found satisfactory to the City Attorney and the Public Works Director. Said easement shall be fully executed and submitted to the City prior to release of a building permit or grading permit for the project. The easement shall be located in such a way as to avoid the removal of existing mature trees. 4. Prior to issuance of a building permit or grading permit for the project, a park and trail dedication fee in an amount found satisfactory to the City Council shall be submitted to the City. 5. The stormwater ponds need to be encumbered by a drainage easement in favor of the city. But, the ponds must be maintained by the property owner. 6. The trail shown along the west side of the new public road must be changed to a sidewalk. This is to be shown in final plans prior to issuance of a building permit or grading permit for the project. 7. Both sides of the new public road must be signed by the developer for no parking. 8. A permit for work within the County right-of-way, as well as an access permit must be obtained from Washington County by the developer prior to beginning any work within the County right-of-way. 9. All electrical and communications utility lines shall be buried. 10. Trout Stream Mitigation fees, Transportation Mitigation fees, and sewer and water trunk fees will be due and payable to the City prior to release of a building permit or grading permit for the project. 11. Prior to issuance of a building permit or grading permit for the project,the developer shall deposit a County Road 12 lane improvement escrow with the City in an amount found satisfactory to the Public Works Director. The escrow shall be sufficient to cover the senior care living facility's fair share of the cost of constructing a future bypass or turn lane for the Minar Avenue intersection with County Road 12. The remainder of the County Road 12 improvements will be credited to the Transportation Impact Fee that is due for this project. 12. A Development agreement found satisfactory to the City Council must be fully executed by the developer prior to issuance of a building permit or grading permit for the property. In addition,the Special Use Permit for the project will not become effective until the approved Development Agreement is fully executed. Select Senior Living Page 3 of 3 13. No independent living apartments may be offered to residents of this project. 14. The wall mounted light at the rear entrance casts some light across the southern property line. This should be revised in the lighting plan to be held at 0.0 lumens at that property line. The revised plan must be submitted to the City prior to issuance of a building permit or grading permit for the project. 15. The developer must verify that the total amount of impervious coverage on the site does not exceed 25%, or reduce it to that amount. 16. If any HVAC equipment is to be located outside, a screening plan must be approved by the Community Development Director prior to issuance of a building permit. In addition, sound generation must be verified to meet the City's noise standards prior to issuance of a building permit and it must be tested after installation to demonstrate that it continues to meet the noise standards. 17. Enough of the private trail shall be removed to keep the site's impervious cover at or below 25%. But,the sidewalk along the street right-of-way is to remain. 18. A berm with trees must be added on the extreme southeast portion of the site where the landscaping plan currently shows no trees. Enacted by the City Council of the City of Stillwater, Minnesota this 19th day of August, 2014. CITY OF ST,I f AT ' AmialhorAik- Ker'fl. -icki, Mayor AT EST: diek/Cer...„.... Diane F. Ward, City Clerk